high law office, pllc
Should I File a Nursing Malpractice Lawsuit?
High Law Office has successfully prosecuted cases involving nursing malpractice. Much of the actual healthcare is delivered and administered by nurses, nurse practitioners, registered nurses, licensed practical nurses and physician assistants. These nurses and/or their employers generally maintain liability insurance for their acts and omissions. If you feel that you or a loved one has been damaged as a result of nursing malpractice, we will be happy to review your case at no cost. We have qualified nurse consultants available to review the records, assess the standard of care and testify on your behalf. There is a one-year statute of limitations in the state of Tennessee and a 3-year statute of repose for medical malpractice claims. Therefore, if you or a love one has been the victim for nursing malpractice, contact us promptly.
You or someone you know may have recently been in a hospital or nursing home, and something may have gone terribly wrong. However, it wasn’t the result of the actions of a surgeon or a licensed physician, but a nurse. Nursing malpractice is actually very common, and you could indeed win a hefty judgment if your lawyer can demonstrate malpractice occurred.
First, you may want to review some of the basics of malpractice law. Malpractice is a form of tort law in which damages can be awarded to a plaintiff if negligence by the defendant is proved as having occurred by a preponderance of the evidence.
There are four elements to this negligence that must be proved in order to win a nursing malpractice lawsuit. A legal duty of the defendant to not act negligently must be demonstrated. Since a nurse certainly has a duty to take care of patients whose livelihoods may depend on that care, this duty certainly exists.
Secondly, a standard of care must also be demonstrated. Registered nurses most certainly have a standard of care in their profession. If you can prove this standard of care was broken through the negligent actions of a nurse, you may have a strong case.
Third, it must be proved that the breach in this standard of care caused the injury. If you can show that the nurse by not performing up to the standards for his or her profession caused the injury, you could win the lawsuit. However, if you are not sure what caused the injury, and there’s a possibility it could have been the result of something else, your case will probably not be as strong.
Lastly, you must have incurred damages. Damages could be loss of income from the inability to perform your job after the injury. Damages could be fees for additional medical care to correct the injury. Damages can even originate from emotional pain or the loss of enjoyment of everyday life due to the injury. Nurses are usually covered under their employee insurance policy.
Nursing malpractice in particular has been shown to be a significant problem both in hospitals and nursing homes. Plaintiffs have been awarded millions of dollars in nursing malpractice lawsuits. If you can show that a nurse was responsible for an injury, that injury was caused a breach in the nurse’s standard of care, and that injury has created damages, you should certainly consider filing a nursing malpractice lawsuit.
We have successfully handled nursing malpractice cases. Contact us for a free consultation.